Chapter 10.08 ABANDONED AND JUNK VEHICLES

Chapter 10.08
ABANDONED AND JUNK VEHICLES

Sections:

10.08.030 Nuisance abatement procedures.

10.08.010 Authority and purpose.

(1) Chapter 46.55 RCW and RCW 46.55.240, as now enacted or hereafter amended, provide the authority for the city to adopt laws relating to the removal of junk vehicles, parts thereof and automobile hulks. It is the intent of the city that the greatest possible powers be granted to the city building official and/or its police department to facilitate the removal of junk vehicles from private property within the city.

(2) The keeping of junk vehicles or parts thereof or automobile hulks on public or private property within the corporate limits of the city is declared to be a public nuisance, except as provided for herein. Such public nuisance may be abated as provided for in this chapter. (Ord. 20-013 § 2).

10.08.020 Summary removal procedures.

(1) Upon discovery of a junk vehicle, parts thereof, or automobile hulk as defined in Chapter 46.55 RCW, as now enacted or hereafter amended, the building official or the police department may contact the landowner, as defined in Chapter 46.55 RCW, as now enacted or hereafter amended, where the junk vehicle, parts thereof, or automobile hulk is located, and determine if the landowner claims any ownership interest in or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk. If the landowner claims no ownership or bailment interest, the building official or police department shall have the landowner execute a statement to that effect under penalty of perjury.

(2) If the landowner claims an ownership interest or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk located upon his/her property, the building official or the police department may proceed to deal with the junk vehicle, parts thereof, or automobile hulk as provided in KMC 10.08.030.

(3) Upon execution by the landowner of the statement of no ownership or bailment interest in the junk vehicle, parts thereof, or automobile hulk, the building official or officer shall check the records to learn the identity of the last owner of record and shall cause a notification (junk vehicle) form to be mailed to the vehicle’s registered legal owner of record by certified mail. Additionally, the notification shall inform the owner of the city’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. The officer, building official, or his or her department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed more than 15 days after the junk vehicle notification form was mailed, the building official or police department may have the junk vehicle, parts thereof, or automobile hulk taken into custody and stored at the owner’s expense.

(4) If no information on the owner of the junk vehicle, parts thereof, or automobile hulk is available after the landowner has executed the statement of no ownership or bailment interest, the building official or police department may place a legal notice of custody and sale in the official newspaper of the city. This notice shall comply with RCW 46.55.230(5), as now enacted or hereafter amended, and shall additionally inform the owner of the city’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed more than 20 days after publication of the notice, the building official or police department may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and Department of Licensing that the junk vehicle has been wrecked. (Ord. 20-013 § 2).

10.08.030 Nuisance abatement procedures.

(1) If a landowner claims an ownership interest or bailment responsibility for a junk vehicle, parts thereof or automobile hulk, located on his/her property, upon contact by the building official or police department as provided in KMC 10.08.020(3), the matter shall be referred to the building official for possible further action.

(2) The building official or police department may inform any landowner keeping a junk vehicle, parts thereof, or automobile hulk within the city, in any zone, that such vehicle is a public nuisance and said nuisance must be abated by the landowner within 15 days or the city will proceed to abate the nuisance by removal of the junk vehicle, parts thereof, or automobile hulk from the landowner’s property and the costs of such removal including administration costs shall be charged against the landowner and/or the last registered owner of the automobile hulk, junk vehicle, or parts thereof, unless the owner, in the transfer of ownership of the vehicle or automobile hulk, has complied with RCW 46.12.101.

This notice and warning shall be delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk and to the property owner of record by certified mail, with a five-day return receipt requested.

Such notice shall also inform the registered owner and the landowner of the right to request a hearing to contest the city’s proposed removal of the junk vehicle, parts thereof, or automobile hulk.

(3) Such notice shall be in substantially the following form:

JUNK VEHICLE, PARTS THEREOF OR AUTOMOBILE HULK REMOVAL NOTICE

A junk vehicle(s), parts thereof, or automobile hulk(s) described as:

has been discovered by the City of Kittitas located at _______________ (street address), described as _______________ (legal) within the City of Kittitas which is shown by public record to be the property of

_________________________________

________________________________,

the last registered owner of such junk vehicle(s), parts thereof, or automobile hulk is listed of record as:

_________________________________

All of you are informed such junk vehicle(s), parts thereof, or automobile hulk(s) is a public nuisance and unless such nuisance is abated as provided by Kittitas Municipal Code Chapter 10.08, the City of Kittitas will proceed to abate such public nuisance by removal of the listed junk vehicle(s), parts thereof, or automobile hulk(s) fifteen (15) days after the date of this notice. Cost of such removal, including administrative costs, will be charged against the registered owner, unless the owner can demonstrate compliance with RCW 46.12.101 at the time of transfer of ownership, and/or against the landowner.

You may request a hearing before the judge of the Municipal Department of the District Court to contest the city’s determination that your junk vehicle(s), parts thereof, or automobile hulk(s) is a public nuisance and the abatement thereof, or that you are legally responsible for the junk vehicle(s), parts thereof, or automobile hulk(s) described above. To request this hearing, one of you must notify the Police Chief of the City of Kittitas in writing at the address below, within ten (10) days of the date of this notice. If you do not request a hearing, the junk vehicle(s), parts thereof, or automobile hulk(s) will be removed by the City of Kittitas and the costs thereof, including administrative costs, shall be assessed against all or any one of you.

Police Chief

City of Kittitas

PO Box 719

207 N. Main Street

Kittitas, WA 98934

(4) If either the last known registered owner of the junk vehicle, parts thereof, or automobile hulk or the landowner requests a hearing to contest the city’s determination that the junk vehicle, parts thereof, or automobile hulk constitutes a public nuisance and the abatement thereof, or that either or both the registered owner and landowner are legally responsible for the junk vehicle, parts thereof, or automobile hulk, such hearing shall be conducted after a written notice of the date, time, and place of such hearing is mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such hearing shall be held within 30 days of receipt of a written request for a hearing. No action shall be taken to remove the junk vehicle, parts thereof, or automobile hulk during the pendency of a hearing except pursuant to a court order. The landowner may appear in person at said hearing or present a written statement in time for consideration at said hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial.

(5) After the expiration of the 15 days provided for in the notice to the registered owner and landowner in subsection (3) of this section, if no hearing has been requested, or after a hearing, if requested, the building official may proceed to have the junk vehicle, parts thereof, or automobile hulk removed and the costs of such removal including administrative costs shall be taxed against the registered owner and/or landowner jointly and severally.

(6) The provisions of this chapter shall not apply under the following conditions:

(a) If a vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

(b) If a vehicle or part thereof is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130. (Ord. 20-013 § 2).